We have a housing society of 84 members and have nearly 6 elected and 3 co opted managing commitee members. Now our secretary is adamant of resignation due to health reasons and nobody else is willing to take the role. in that case 1) can current or new co opted members become office bearers (chairman, secretary, treasurer)? 2) if nobody of 84 flats society agrees to become secretary as of now then can mc be dissolved. I think yes but then what is the procedure for new election? will society go to administrator for some time (the situation which we all do not want as probably administrator will get financial powers which he/she can misuse and even delay new election) . how long can administrator delay the new election and keep power with him/her? Thank you.
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Co-opted member cannot be office bearer of society
2) only elected member can be office bearer of society
3) inform registrar that secretary has resigned and none of elected members are willing to be office bearers to appoint administrator for society
4) administrator has to call for fresh elections
Dear Client,
In accordance with the society's regulations, it is explicitly stated that co-opted members are ineligible to hold office bearer positions within the organization. As per the established guidelines, only members who have been elected through the proper democratic process are qualified to assume such roles. Unfortunately, the current secretary has tendered their resignation, and none of the elected members are willing to step up and take on the responsibilities of office bearers. In light of this, it is essential to promptly inform the registrar about the vacancy and the reluctance of elected members to assume office. Consequently, the appointment of an administrator for the society becomes necessary until a fresh round of elections can be conducted to fill the vacant positions and restore the functioning of the society to its full capacity.
With effect from 14 2 2013 co option rule is laid down in a following Proviso to Article 243Zj (2) of the Constitution of India.
“Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.”
Only Two Committee members can fill co-opt members to fill up vacant seats provided the Committee goes by above Provision. In other cases Rule 74 of New Election Rules applies. Newly set up State Cooperative Election Authority only can handle the co option.
Co-opt members cannot become office bearers in any case. Membership can be obtained through a process of elections in most societies. Nobody can be a member without the consent of other members. He may stand in an election and get elected unopposed.
.Generally the Deputy/Assistant Registrar of co-operative societies (“the Registrar”) appoints an administrator upon complaint(s) from member(s) of the society, if he finds that it is a fit case to expell the managing committee of the society
When the committee is removed, the Registrar has two options : i. to appoint 3 or more society members, who should not be the members of the committee being removed, or ii. to appoint administrator(s) in place of the expelled committee. However, in practice the first option is hardly exercised. On the contrary the same person is appointed as an administrator of more than one society.
The Administrator enjoys all the powers of the Managing Committee. He is also entitled to call a Special General Body Meeting to reconsider the decisions of the earlier Committee. The remuneration of the Administrator is fixed by the Dy. Registrar.
1) If there is a provision in the bylaws of your society enabling a co-opted managing committee member to be elected as the president or the secretary, you may do so.
2) There is no need to dissolve the MC in the absence of a secretary before it completes its full term. Again, go by what your bylaws say.
If there is no consensus who appoint as secretary, than complain to registrar. Registrar will take charge or appoint commission till next election and will finalize the election date and procedure.
You can still proceed with Dy registrar if administrator is not functioning as per the provisions of law
